THE TERMS, CONDITIONS AND NOTICES BELOW WILL GOVERN YOUR USE OF THE MOBAITO.COM WEBSITE. THEY ALSO PROVIDE NOTICE OF SOME OF MOBAITO.COM'S POLICIES. PLEASE READ THEM CAREFULLY!

GW America, Inc is offered to you, the user, only conditioned on your acceptance without modification of the terms, conditions and notices contained herein. "Mobaito.com" also refers to all information, text and visual images, software, products and services used or available via the System. Any and all rights not expressly granted in these Terms, Conditions and Notices (collectively, these "Terms") are reserved by GW America, Inc. GW America, Inc reserves the right to change these Terms, at its sole discretion, at any time or from time to time. Your use of the System means that you’ve read all of these Terms and agree to them. For further information relating to the legal issues contained in these Terms or problem reports regarding this service, please contact gwa-ny@goodwill.com or call GW America, Inc at 212-764-1900 .

Modification of Terms and Conditions of Use

Mobaito.com reserves the right to make changes at any time to the Terms and Conditions of Use, as well as other changes to this Site or the System. Any changes are effective immediately upon posting on this Site. You are responsible for reviewing regularly the Terms and Conditions of Use posted on this Site, because they will be binding on you.

General; Trademarks, Copyrights, etc.

GW America, Inc. ("Mobaito.com") is the owner of all intellectual property rights (including copyrights) in the Mobaito.com. Material published by on GW America, Inc on Mobaito.com may contain other proprietary notices or describe products, services, processes or technologies owned by GW America, Inc or third parties. Nothing in these Terms or Mobaito.com shall be construed as granting to you a license under any copyright, trademark, patent or other intellectual property right of GW America, Inc or any third party, except as expressly set forth herein.

The deletion or alteration of any copyright or other proprietary notices from Mobaito.com is strictly forbidden.

"Mobaito.com" and certain other names or logos are trademarks of GW America, Inc., and all related product and service names, design marks and slogans are the trademarks or service marks of GW America, Inc. All other product and service marks contained herein are the trademarks of their respective owners. The "look" and "feel" of Mobaito.com (including color combinations, button shapes, layout, design and all other graphical elements) are also GW America, Inc.’s trademarks or copyrights.

All editorial content and graphics on this site, as well as the HTML based computer programs used to generate pages, and the Website are protected by U.S. copyright laws and international treaties and may not be copied without the express permission of GW America, Inc, which reserves all rights. Re-use of any of Mobaito.com editorial content and graphics for any purpose is strictly prohibited without GW America, Inc prior written permission. Please direct any requests for permission to gwa-ny@goodwill.com.

Please be aware that the information, software, products and services published on this System may include inaccuracies, typographical errors or out-of-date information. Changes are made and items added to the System and the information on it from time to time. GW America, Inc may make such changes or additions at any time at its sole discretion.

Other Parties.

This System may contain hyperlinks or other connections to Web sites operated by parties other than GW America, Inc, Including but not limited to those of the GW America, Inc subscribing employers or its. GW America, Inc does not control these Web sites and is not responsible for them, including for their availability, content or any viruses accessed through them. GW America, Inc.’s inclusion of hyperlinks or other connections to such Web sites does not imply any endorsement of the material on them or any association with their owners or operators. GW America, Inc. takes no responsibility whatsoever for the activities of job applicants or Mobaito.com Subscribers or those Subscribers’ respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on the System). Nothing on the System shall be deemed to be an endorsement, representation or warranty with respect to any Member, applicant or other third party, whether in regard to its Web site, products, services or otherwise.

Your Use; Limited License.

The Mobaito.com is for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in Mobaito.com as a whole software, products or services obtained from or available as part of or in conjunction with this website. You are granted a non-exclusive, non-assignable and non-transferable license to use the website only under these terms and conditions of use.

HEADHUNTERS, EMPLOYMENT PLACEMENT/OUTPLACEMENT AGENCIES, TEMPORARY WORKER AGENCIES, CONSULTANTS AND OTHER THIRD PARTIES, INCLUDING ANY THIRD PARTY CHARGING A FEE OR RESTRICTING COMPLETE ACCESS TO ALL RESUME INFORMATION, ARE PROHIBITED.

This license is not a sale of any of the owner's rights. Mobaito.com may be used only by you, and you may not rent, lease, lend, sub-license or transfer the website or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the System. You may not transfer to or store any data residing or exchanged over Mobaito.com in any electronic network for use by more than one user unless you obtain prior written permission from GW America, Inc.

If you violate any of these Terms and Conditions of Use, this limited license terminates automatically and you must immediately destroy all copies of any materials, content, or information that you may have obtained on or through this Site.

Your Responsibilities.

The Mobaito.com may be used only for lawful purposes by individuals seeking employment and employers seeking employees. As one of the conditions of your use of the Mobaito.com, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the website for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). It is YOUR RESPONSIBILITY to ensure that your use of the website complies with these terms, conditions and notices and to seek prior written permission from GW America, Inc. for any uses not permitted or not expressly specified herein .

In connection with your use of our website, you will not:

1. Transmit any message, information, data, text, software or images, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable that may invade another's right of privacy or publicity;

2. Impersonate any person or entity, including but not limited to, a GW America, Inc official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

4. Post or transmit any Content that contains a virus or corrupted data;

5. Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

6. Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

7. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam,""chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

8. Violate any applicable local, state, national or international law; and

9. Upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.

a. Post any incomplete, false or inaccurate resume information or information which is not your own accurate application (living individual seeking employment on a full-time or part-time basis on his or her own behalf).

b. Respond to any employment opportunity on the System for any reason other than to apply for the job. Communications soliciting the employer's business by our competitors are prohibited.

12. Post to the System any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.

13. Delete or revise any material posted by any other person or entity.

14. Print out or otherwise copy or use any personally identifiable information about employees or business information about employers. Unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and companies are prohibited.

Use the Site for any purpose that could damage, disable, or otherwise interfere with the operation of the Site or any other web site, or with any other person's or entity's use or enjoyment of this Site or any other web site.

No Professional Advice

None of the services, materials, content, or information available on or through this Site or the System constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your situation from a qualified professional if you have any questions regarding any such matters.

Web Site Security Rules.

Users are prohibited from violating or attempting to violate the security of GW America, Including, without limitation, (i) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,(iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing", or (iv) sending unsolicited e-mail, including promotions or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Violations of the website or network security may result in civil or criminal liability. GW America, Inc may investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Your Grants.

By submitting (e.g., uploading) Content to the website, you automatically grant GW America, Inc the royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify (to comport with the website), adapt, publish, distribute, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation. In addition, you warrant that all so-called "moral rights" in the Content have been waived. GW America, Inc and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the website. Without limiting the foregoing, GW America, Inc and its designees shall have the right to remove any Content that violates these Terms or are otherwise objectionable.

Indemnification

You agree to defend, indemnify and hold GW America, Inc. harmless from any third party claim, damages or demand, including reasonable attorneys' fees, relating to or arising out of your violation of these Terms, your representations and warranties, or your violation of any rights of another.

Monitoring, etc.

GW America, Inc. is under no obligation to monitor the information residing on or transmitted via this website. However, you agree that GW America, Inc may monitor the System Contents to (1) comply with any applicable laws, regulations or other government requests; (2) to operate the website properly or to protect itself and its users and Subscribers; and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. GW America, Inc reserves the right to modify, reject or eliminate any information residing on or transmitted to its website that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions.

Information Collection.

The very nature of the service GW America, Inc provides you requires that we gather, process, use and distribute information which you provide directly (e.g., name, physical address, e-mail address, resume), as well as information regarding the manner in which you use the website. GW America, Inc cannot guarantee that your information will be prevented from being viewed by any particular party.

If you have directly submitted information and would like us to remove it from our database, please contact us at the email address or phone number listed above and we will use reasonable efforts to delete your information from our then existing files. At your request, we will also make reasonable efforts to forward a similar request on to up to five Subscribers specified by you; however, we cannot control, or be liable for such efforts, or for any past, present or future action or inaction by any of our Subscribers.

Warranty and Liability Disclaimers & Limitations.

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY GW AMERICA, INC., LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. GW AMERICA, INC., LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GW AMERICA, INC., LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GW AMERICA, INC. DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM GW AMERICA, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GW AMERICA, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

GW AMERICA, INC. USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. GW AMERICA, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, GW AMERICA, INC. SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY GW AMERICA, INC. IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO GW AMERICA, INC. FOR A REFUND. ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYER?S EXPENSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Miscellaneous.

No Partnership, etc. You agree that no joint venture, partnership, employment or agency relationship exists between you and Mobaito.com (or any of Mobaito.com Subscribers) as a result of this agreement or your use of this System.

Certain Legal Requirements. GW America, Inc.’s performance of these terms and conditions is subject to existing laws and legal process, and nothing contained in them will diminish GW America, Inc.’s right to comply with law enforcement requests or requirements relating to your use of the System or information provided to or gathered by Mobaito.com with respect to such use.

Agreement. These terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding GW America, Inc, its website or the information thereon. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Certain Rights & Obligations. GW America, Inc. shall have the right to terminate your ability to access this service at any time without notice and to discontinue or modify any of the information contained on this service, or the service, at any time. The user may not assign any part of this Agreement without GW America, Inc. prior written consent. The user shall pay any taxes, except for those based on GW America, Inc.’s annual net income. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

By visiting the GW America, Inc. website, you agree that the laws of the state of New York, without regard to principals of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GW America, Inc. Any dispute relating in ay way to your visit or access of the GW America, Inc. website or to the products or services you purchase through the GW America, Inc. website shall be submitted to binding arbitration in New York, NY, except that, to the extent you have in any manner violated or threatened to violate GW America, Inc.’s intellectual property rights, GW America, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.